Missouri Pacific Railroad v. Nicholson

Supreme Court of Louisiana January 25, 1985

Missouri Pacific Railroad v. Nicholson, 462 So. 2d 186 (La. 1985)

1985 La. LEXIS 7869

Blanche, Grant, Marcus, Writ

Opinion of the Court

In re Missouri Pacific RR Co., Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number 83-CA-1060, 83-CA-1449; Parish of Pointe Coupee 18th Judicial District Court Div. “B” Number 17,299.

Prior Report: 460 So.2d 615.

Denied.

MARCUS and BLANCHE, JJ., would grant the writ.

Dissenting Opinion

BLANCHE, J.,

would grant on the issue of granting the railroad only a servitude after paying $2,474,988 for 301 acres on which they will construct $75,000,000 in improvements.

Reference

Full Case Name: MISSOURI PACIFIC RAILROAD COMPANY v. Jerry K. NICHOLSON, Elizabeth Nicholson Fischer and James W. Smither, III, as Trustees of the Leonard K. Nicholson Trust, El Tres Petroleum Corporation, and Nick H. Bruckerhoff
Status: Published